Immigration Law

Recent Posts

Matter of L-E-A-: How Much Did Barr Change? - Jeffrey S. Chase
Posted on 12 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 11, 2019 "In June 2018, the Attorney General issued his precedent decision in Matter of A-B- . The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers... Read More

Why I Resigned as an Immigration Judge
Posted on 5 Aug 2019 by Daniel M. Kowalski

Ilyce Shugall, Aug. 4, 2019 "I have been an immigration lawyer dedicated to fairness and due process for immigrants my entire career. In 2015, convinced that my 18 years of experience as an advocate would make me a good immigration judge, I applied... Read More

Materials Related to L-E-A-
Posted on 31 Jul 2019 by Daniel M. Kowalski

Link to the July 29, 2019 A.G. decision here . Link to briefs and other materials collected by CLINIC Legal here . Read More

NWIRP Reaches Settlement with DOJ to Continue to Provide Assistance to Unrepresented Respondents in Removal Proceedings
Posted on 18 Apr 2019 by Daniel M. Kowalski

NWIRP, Apr. 17, 2019 "Northwest Immigrant Rights Project (NWIRP) and the Department of Justice (DOJ) entered into a settlement agreement in NWIRP v. Sessions , a lawsuit filed in 2017 by NWIRP and Maggie Cheng, a staff attorney at NWIRP, challenging... Read More

Groundbreaking Federal Court Decision Requires Prompt Bond Hearings or Release for Certain Asylum-Seekers
Posted on 6 Apr 2019 by Daniel M. Kowalski

NWIRP, Apr. 5, 2019 "Today, in a groundbreaking decision, a federal judge in Seattle dealt a blow to the government’s campaign to deter and obstruct asylum seekers applying for protection in the United States. Judge Marsha Pechman ordered... Read More

Whose Court Is This Anyway?
Posted on 2 Apr 2019 by Daniel M. Kowalski

Lorelei Laird, ABA Journal, April 2019 Immigration judges accuse executive branch of politicizing their courts [Please read this detailed "deep dive" into the murky world of EOIR, including the Board of Immigration Appeals and the Immigration... Read More

The Immigration Court: Issues and Solutions - Jeffrey S. Chase
Posted on 29 Mar 2019 by Daniel M. Kowalski

Editor's Note: This is the most important - and damning - exposé of the Immigration Courts to date. Please read every word. Jeffrey S. Chase, Mar. 28, 2019 " The following is the transcript of my lecture on March 28, 2019 at Cornell... Read More

Cyrus Mehta: Advancing a 'Social Group Plus' Claim After Matter of A-B-
Posted on 12 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 9, 2019 "In Matter of A-B – , 27 I&N Dec. 227 (A.G. 2018), former Attorney General Jeff Sessions overruled a prior Board of Immigration Appeals (BIA) precedent, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which... Read More

CA3 Upholds Philadelphia's 'Sanctuary Cities' Victory Against Feds
Posted on 16 Feb 2019 by Daniel M. Kowalski

Philadelphia v. Attorney General "Concluding that Congress did not grant the Attorney General this authority, we hold that the Challenged Conditions were unlawfully imposed. Therefore, we will affirm the District Court’s order to the extent... Read More

It Was Her Dream to be an Immigration Judge...And Then it Wasn't
Posted on 14 Feb 2019 by Daniel M. Kowalski

Hamed Aleaziz, Buzzfeed News, Feb. 13, 2019 "Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job — being an immigration judge — was no longer tenable. It was June 11, 2018... Read More

Expert: Federal Court Ruling Will Give Asylum Seekers a 'Fair Shot'
Posted on 20 Dec 2018 by Daniel M. Kowalski

Molly O'Toole, Los Angeles Times, Dec. 19, 2018 - "A major Trump administration policy that sought to block victims of gang and domestic violence from claiming asylum in the U.S. is illegal, a federal judge ruled Wednesday. The ruling by... Read More

Major Victory for Asylum Seekers: Grace v. Whitaker
Posted on 19 Dec 2018 by Daniel M. Kowalski

ACLU, Dec. 19, 2018 - "The Trump administration’s campaign to dismantle our asylum system just suffered another major setback. A federal judge in Washington, D.C., permanently blocked a June 2018 “expedited removal” policy that... Read More

Acting AG Whitaker Takes Aim at Asylum Seekers Fleeing Family-Based Persecution - Sophia Genovese
Posted on 11 Dec 2018 by Daniel M. Kowalski

Sophia Genovese, Dec. 10, 2018 - "Acting Attorney General Matthew Whitaker has followed in his predecessor’s footsteps by referring yet another immigration case to himself, Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) . The Acting AG asks... Read More

Hon. Paul W. Schmidt on Winning Asylum and Saving Lives in the Era of A-B-; Seven Steps to Success
Posted on 10 Dec 2018 by Daniel M. Kowalski

Hon. Paul W. Schmidt, Dec. 10, 2018 "NEW YORK CITY BAR, DECEMBER 4, 2018 Good evening, and thanks so much for inviting me. In the “old days,” I would have started with my comprehensive disclaimer. But, now that I’m retired,... Read More

Law Profs File Amicus Brief in in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)
Posted on 16 Nov 2018 by Daniel M. Kowalski

Amicus Brief in in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018) "In response to the question posed by the Attorney General in Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018), amici respectfully submit this brief asserting that the Attorney General... Read More